ADMIRALTY RULES 1988 - RULE 3 Interpretation
ADMIRALTY RULES 1988 - RULE 3
Interpretation"Act" means the Admiralty Act 1988 .
"amount claimed" includes an amount in respect of interest and costs.
"arrest warrant" means a warrant for the arrest of a ship or other property.
"Australian legal practitioner" means a person who is admitted to the legal profession in Australia and who holds a current practising certificate.
"authorised deposit-taking institution" has the meaning given by subsection 5(1) of the Banking Act 1959 .
"caveator" , in relation to a caveat, means the person by whom, or on whose behalf, the caveat was filed.
"classification certificate (hull and machinery)" means a certificate of class issued by a Classification Society within the meaning of regulation II - 1/3 - 1 of the Annex to the Safety Convention.
"costs" , in relation to a proceeding, includes:
(a) a party's reasonable costs of the proceeding; and
(b) if relevant, any amount the party has paid, or is liable to pay, to the court or the Marshal in relation to the arrest, custody, preservation, discharge, release or sale of a ship or other property.
"electronic communication" means a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy.
"Federal Court Chief Executive Officer" means the Chief Executive Officer and Principal Registrar of the Federal Court of Australia.
"foreign registration certificate" means a document issued under the law of a foreign country that is equivalent to a registration certificate.
"interested person" , in relation to a ship or other property that is under arrest, includes an underwriter or insurer of the ship or property or of a liability in relation to the ship or property.
"international load line certificate" means a certificate in the form of the International Load Line Certificate set out in Annex III to the International Convention on Load Lines.
"international ship security certificate" has the same meaning as ISSC in section 10 of the Maritime Transport and Offshore Facilities Security Act 2003 .
"international tonnage certificate" means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the Tonnage Convention.
"Load Lines Convention" has the same meaning as in subsection 14(1) of the Navigation Act 2012 .
"original certification document" means any of the following certificates:
(a) a classification certificate (hull and machinery);
(b) a foreign registration certificate;
(c) an international load line certificate;
(d) an international ship security certificate;
(e) an international tonnage certificate;
(f) a registration certificate;
(g) a safety construction certificate;
(h) a safety equipment certificate;
(i) a safety management certificate;
(j) a safety radio certificate;
"proceeding" means a proceeding commenced under the Act.
"Register" means a regis ter maintained under subrule 14 (1) or (2) or rule 79.
"registration certificate" has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981 .
"safety construction certificate" means a certificate issued in accordance with regulation 12(a)(ii) of Chapter I of the Safety Convention.
"Safety Convention" means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended and in force for Australia from time to time.
"safety equipment certificate" means a certificate issued in accordance with regulation 12(a)(iii) of Chapter I of the Safety Convention.
"safety management certificate" means a certificate issued in accordance with regulation 4.3 of Chapter IX of the Safety Convention.
"safety radio certificate" means a certificate issued in accordance with regulation 12(a)(iv) of Chapter I of the Safety Convention.
"survey certificate" means a safety certificate that:
(a) relates to the survey of a ship; and
(b) is issued in accordance with section 100 of the Navigation Act 2012 and Marine Order 31, issue 6 .
"Tonnage Convention" has the same meaning as in subsection 14(1) of the Navigation Act 2012 .
(2) In these Rules, a reference to a ship or other property
includes a reference to the proceeds of the sale under the Act of the ship or
property that have been paid into court under rule 71.